Social reuse and victims
The loss of public assets to corruption has a significant impact on countries and their populations. Infrastructure development, social welfare, and other public programmes are deprived of their intended impact due to loss of funding, which harms the people relying on these resources for their well-being.
Social reuse
The social reuse of recovered assets plays a vital role in ensuring that resources stolen through corruption and other crimes are redirected to benefit society. When assets are forfeited, seized and confiscated, one of the ways they can be effectively utilized is through social reuse, which involves putting these assets to work in addressing the needs of society. This approach emphasizes the involvement of citizens and civil society in decision-making processes and the establishment of clear parameters for asset reuse.
By channelling recovered assets into social reuse projects, they not only serve as a deterrent to criminal activities, but also reinforce the message that crime does not pay. This practice is also particularly important for addressing the needs of communities deprived of essential resources due to criminal activities, including corruption.
Social reuse has been used for long periods by a limited number of countries, including Italy, which is often depicted as the leading example of a social reuse system for the recovered proceeds of crime. However, several jurisdictions have also developed social reuse legislation and policies and several more are considering a move towards greater social reuse of recovered stolen assets.
Victims
Grand corruption cases can also involve money stolen from countries with limited democratic structures. In these contexts, those from vulnerable sectors of the population are both more likely to face the effects of reduced public spending and are less likely to be able to contest the allocation of limited resources.
These victims of grand corruption rarely have recourse to secure their rights when it comes to asset recovery. While obligations to return the proceeds of corruption to prior legitimate owners and to compensate victims exist in international law, these rights are limited and there is still much to be developed in terms of addressing the needs of the victims of corruption in the context of asset recovery.
Despite this, there is a growing effort to prioritise victims within asset recovery processes. This has been strengthened by the work of civil society organizations, legislatures and international organisations.
Latest research
Social reuse and victims are key thematic priorities in CiFAR's 2024 – 2027 strategy.
Civil Society Principles on the Role of Victims in Asset Recovery
The Civil Society Principles on the Role of Victims in Asset Recovery are designed as high-level principles on the on the role of victims in asset recovery both during the prosecution of cases of grand and cross-border corruption and in the recovery and reuse of stolen assets.
Victim inclusion in asset recovery
International human rights law can offer legal tools for ensuring victims can participate in corruption proceedings, seek remedies, and monitor asset recovery efforts. Greater alignment and dialogue between anti-corruption and human rights frameworks can strengthen victim participation and promote accountability in asset recovery processes. This research paper outlines the rights of victims to be included in asset recovery processes.
The Social Reuse of Recovered Assets in Kenya
This report looks at the growing practice of social reuse as a facet of the management and disposition of recovered assets. It considers how social reuse has been and could be further utilised as a concept in Kenya as a way to build community empowerment while fighting corruption.
Victims and Asset Recovery: Principles and Standards
Victims are recognised in several anti-corruption principles and standards as having rights when it comes to asset recovery. This paper outlines international anti-corruption legal obligations, CSO principles and good practices from asset returns that involve victims as part of the process.
